MARITIME AND AIR LAW
The module of Navigation Law aims to provide the Maritime Economy students with an adequate training in a highly specialized field, with a view to facilitate the entering in the world of work. The primary objective is to provide the student with the indispensable knowledge for a possible entry into the business world as well into public and private institutions and national and international organizations operating in the maritime Economy sector (Port System Authority, International Organizations, shipping industries, port operators, maritime agencies, railway companies, logistics companies and trucking companies).
Knowledge and understanding
At the end of the course the student must demonstrate that he has acquired specific knowledge of regulation which, in terms of international, european and national law, governs the navigation and transport sector, under a private and publicist perspective, enriched by the comprehension of the contractual forms commonly used in practice of maritime traffic.
Applying knowledge and understanding
At the end of the course the student must be able to use the skills acquired in order to correctly frame the legal issues inherent in the maritime and transport sector, using concepts and methods with confidence.
The student will be able to critically evaluate and analyze the multiple legal issues inherent to the regulation of the navigation and transport sector, in different operational contexts, public and private. To this end, educational tools will be used, including simulations, discussions of legal cases in schools, critical arrangement of doctrinal and jurisprudential interpretations.
The student will have the ability to transmit the skills acquired in the subject, knowledge and to use the technical-legal language typical of discipline. The communicative skills of the student will be explicitly assessed during the exercises and during the exam.
This module will provide the student with the necessary ability to continue to deepen autonomously the study of navigation Law and access to the main scientific literature, including through online databases, in order to align their competences with the continuous evolution of sectoral legislation in relation to the working contexts in which they will operate.
The course will be structured as follows:
Maritime Law: definitions and features: sources and interpretation. The management of the navigation. Administration of Public goods allocated to the navigation. The maritime domain. The administrative activity in public goods intended for navigation. Ports and port services. The evolution of the port regulations from the navigation code to the 2016 reform. Port job. Technical-nautical services. Access to the transport market. The administrative regime of the ship. The management of the ship. The shipowner and the relative liability regime. The owner's auxiliaries. The commander and the shipping agent. Yachting. Onboard jobs. The recruitment contract. The contracts for the use of the ship. Charterparty by demise. Charterparty not by demise. The charterparties. Contract of Carriage. The Liability of the Carrier to Passengers . Tourism contract. Cruise contract. Carrier's liability in carriyng goods. Multimodal transport. The logistics contract.
The course aims to provide a solid knowledge of the relevant legislation relating to companies and, public and private institutions operating in the transport and logistics sector. The program deals with both the public aspects (infrastructure management, market access, public service obligations) and private ones of the subject (shipowner responsibility, contract of carriage, tourism contracts, logistics contract), addressing highly topical legal issues in relation to which the job market requires adequate skills. Furthermore, safety and environmental sustainability profiles will be carefully considered.
The course will be structured as follows:
Maritime Law: definitions and features: sources and interpretation (3h). The management of the navigation. Administration of Public goods allocated to the navigation (3 h). The administrative activity in public goods intended for navigation. The ports (3h). Port job ( 2h). Technical-nautical services (2 h). Navigation services (2 h) The administrative system of the ship. Ship management (2h). The ownership of the vessel (3h). The owner's auxiliaries (2h). Yachting (2 h). Onboard jobs (2h). The contracts for the use of the ship. Charterparty by demise (2h). Charterparty not by demise (3 h). Contract of Carriage (10h). Tourism contract (2 h). Multimodal transport (2 hours). The logistics contract (3 hours).
Traditional: frontal lessons and exercises (study of the most common cases through analysis of case law and contractual modules).The lessons are supported by slides available on the e-learning platform.
Lefebvre, Pescatore, Tullio, Manuale di diritto della navigazione, XV edizione, 2019.
Teaching material prepared by the teacher.
The tests will take place through an oral examination with a final vote in thirtieths, aimed at verifying the expected learning outcomes of the teaching declined in section 1. The subject of the examination is the assessment of the knowledge provided by the teaching program, the ability to solve particular legal problems, the correctness, clarity and effectiveness of exposure (with special regard to the appropriate use of technical terms).
The oral exam will be considered passed only if the student will be able to demonstrate that he has acquired the basic knowledge related to the discipline of transport infrastructures, access to the market, ship management and the contracts for the use of the ship. The student will reach the maximum score when he proves to have fully achieved the expected results, in accordance with the Dublin descriptors.
Lectures are in Italian.
The professor is fluent in English and is available to interact with students in English, also during the examination.